1º. AREA OF APPLICABILITY

By hiring Sinmaletas.com services you as User agree that these Terms and Conditions will be applied from the moment in which Sinmaletas.com accepts your shipment; with the exception of special conditions originate by the singularities of the contracted service.

Also, since you have accepted a personalized quote made by our agents and the order has been created manually, you are accepting these Terms and Conditions. These will be applicable, for you and your representatives, except agreements or specific conditions derived from the singularity of the service hired.

Sinmaletas.com may perform the service on its own or may subcontract other shippers. This Terms and Conditions shall be applied to any label or waybill produced by Sinmaletas.com systems, which will be considered as delivery note at all purposes.

It is the User's responsibility to correctly stick the labels on its shipment. Otherwise, the User will take charge of any expenses or incidents originated by the service's modification. If the labels or the delivery note is manually created by the subcontracted transport company, the User must inform Sinmaletas.com immediately.

2º. USER’S RESPONSIBILITIES

The User and its representatives agree to use the services and contents of the Website regulated by all the rules and laws included on this Terms and Conditions :

2.1 This Terms and Conditions constitute binding obligations to the User. The User is responsible of communicating his representatives about Sinmaletas.com process.

User accepts at the time of placing the order the Terms and Conditions publicly exposed in Sinmaletas.com. The acceptance of these Terms and Condicitons will be applicable to any order made directly from our website or any personalized service contracted with Sinmaletas.com through chat, web page, email or telephone conversation.

The information provided by the User or its representatives is exact and complete and must be updated during the use of all the service.

2.2 The goods are correctly packed and this guarantees their correct transport and secures its content.

2.2.1 The maximum weight of each package is limited to 32 kg. The maximum size is 320 cm length and combined perimeter being the length (A) of the longest side of a package. The following formula must be applied in order to calculate the length and perimeter of the parcel:

A + (B x 2) + (C x 2) = inferior a 320.

The user must guarantee that the shipment meets these dimensions before requesting the service.

2.2.2 Any article which is not detailed at the pull-down menu will be specially quoted as an exception. We will quote the article by its dimensional weight if it is largest than its real weight.

2.3 All the shipments should travel with the labels (properly stuck up) received from Sinmaletas.com. It will be the user’s responsibility to follow this rule. An authorized representative of the User should validate the delivery note.

If the User does not follow these instructions, will be in charge of all the expenses which came from the change of service and possible incidents that may occur as a result of this.

3º. DATA PROTECTION

As the User completes the registration form, consents its personal data to be treated by Sinmaletas.com. User’s personal data is registered in an automated file catalogued at the Data Protection Agency in which Sinmaletas.com is the only responsible. The User also consents the treatment of the personal data by collaborators responsible for the transportation, and also permits its data to be used for information and commercialization purposes of Sinmaletas.com. The User shall exercise its right of access, modification, cancellation or opposition, according to the the General Data Protection Regulation (GDPR), of April 27 and the Organic Law 15/99 of December 13th, by writing to Sinmaletas.com to the address: Dionís Puig 11, local, 08402 Granollers.

Sinmaletas.com will adopt all measures at its disposal in order to protect User’s personal data.

3.1 User account, password and personal data.

The User is responsible for the confidentiality of its account and password, and it is responsible for whatever transactions are made from its account. The User must inform and instruct his representatives who have access to the password and account, about its operation and confidentiality. The User commits not to provide its access password to anybody and to keep it secret. The User is the only and exclusive responsible for the custody and use of its account by authorized or not third parties.

Using the account and its password, by the user or its representatives will be always made on behalf the user. The User must immediately notify Sinmaletas.com about any restriction concerning its representatives to the account access.

The User is aware about the legal infringement that would suppose the access to our service using another user’s identification. The User is also conscious that obtaining, using or diffusing third parties personal data would suppose legal or penal infringement.

4º. INTELLECTUAL AND INDUSTRIAL PROPERTY

The user is concerned about the confidentiality of the information at Sinmaletas.com website, which is protected by the intellectual and industrial property rights. The access to such content or elements via Sinmaletas.com Website does not give the right of alteration, modification, exploitation or reproduction, distribution or any other right corresponding to Sinmaletas.com.

The user undertakes to use the content and/or elements to which they access via the Website for their own use and needs and not to exploit them commercially, directly or indirectly, at any time.

5º. SERVICE’S CANCELLATION

In order to cancel the service, the User must send an email to: a: info@Sinmaletas.com or a fax to +34 93 860 09 60, stating the reasons for claiming the cancellation of its User account.

6º. MODIFYING THESE TERMS AND CONDITIONS.

Sinmaletas.com reserves the exclusive right to update, modify or delete any content of the Terms and Conditions available on this Website at any time. Sinmaletas.com may exercise these rights at any time without prior notice.

As the User press the "CONTINUE" button on the registration form, it is understood that:

-Accepts the "Terms and Conditions" of the Website.

-The use of the account confirms the User’s consent to the “Terms and Conditions” published and available permanently on the website.

If User does not agree with the amendments applied to the "Terms and Conditions" or to the Service, he may cancel the account at Sinmaletas.com, following the procedure set in Section 5.

7º. PROVISION OF THE SERVICE

Sinmaletas.com reserves the right to change, suspend or interrupt at any time and without liability, any aspect of the services offered, including hours of operation. Likewise Sinmaletas.com has the right to impose limits or restrictions on certain uses of the service.

Sinmaletas.com neither assumes no guarantees that the access to this website is constant or that the functions contained are error-free. Sinmaletas.com does not guarantee that the access to the website cannot cause damage to the computer equipment through which the User access.

8º. RESTRICTED GOODS

8.1 Goods whose shipment is prohibited:

It is also excluded the transport of goods whose content is contrary to the laws or regulations and / or those that have restricted transport Sinmaletas.com as the following:

- Live Animals

- Weapons.

- Articles of exceptional value (works of art, jewellery, antiques).

- Lithium batteries in air shipments (shipments usually outside the European Union)

- Alcohol.

- Money, credit cards, checks, etc.

- - Official or important documentation.

- Ivory and derivatives.

- Pornographic material.

- Especial articles because of its weight or dimensions (furniture, electrical appliance).

- Irreplaceable material (eg. documentation, unique items, irreplaceable since the compensation for loss would not cover the prejudices suffered. If any of these articles are sent, they will be responsibility of the customer).

8.2 Restricted goods:

These articles could be included on the shipment just in case of hiring an additional insurance (STEP 3 at the order process or by contacting Sinmaletas.com).

If you want to send any article with high emotional value, fragile articles or articles with difficult handling, contact to Sinmaletas.com.

Besides the articles catalogued as prohibited or restricted, there can be other goods whose shipment is prohibited by the regulations of the collection or delivery country. For this reason, if you have any doubt regarding your shipments content contact Sinmaletas.com.

Every month takes place an audit at the transport company, and if it is detected a difference superior to 10 kg between the hired weight and the shipped, Sinmaletas.com reserves the right of claiming the difference on the amount paid.

Any article which is not detailed at the pull-down menu will be specially quoted as an exception. We will quote the article by its dimensional weight if it is largest than its real weight.

The transport of any package can be refused (or any shipment of which formed part), If the transportation company finds out that the parcel does not meet the above restrictions or conditions, even if the transport was taking place .

9º. COLLECTION AND DELIVERY

Sinmaletas.com guarantees its door to door service. Please, take into account: that Sinmaletas.com considers the door as the main access (at street level) to the address of collection or delivery.

Although shipments are delivered to the address provided by the User, they are not necessarily delivered at the designated receiver personally.

It is the User's obligation to inform Sinmaletas if the collection or delivery address provided meets any of the following characteristics: pedestrian street, street with time restriction, inaccessible street or restricted access. Pickups or deliveries in these streets will not always be possible.

In those cases where it is impossible delivering at the address provided because the absence of the receiver, the transportation company or Sinmaletas.com will contact the receiver to schedule a new delivery date.

Just in case of previous agreement with the receiver, there is the possibility to pick up the shipment at the closest delegation at destination indicated by Sinmaletas.com.

In the case where there is no one to receive the shipment at home, according to the operations of the transport company that carries the shipment out, the luggage can be delivered to a neighbor, if he or she takes responsibility for the delivery. Also the luggage can be delivered at a delivery center of the transport company.

After 3 failed attempts of delivery and with the impossibility of contacting the receiver, the belongings will be returned to the sender address, thereby suspending transportation. The User is not entitled to a refund of postage. If any costs are generated, including the return to origin, the deposit and subsequent deliveries, will be charged to the User.

If the shipment cannot be delivered to the destination address provided because it is incorrect or incomplete and it should be modified, Sinmaletas.com reserves the right to apply any charge to the User for these procedures. The price for the changes required will be communicated before applying them.

Sinmaletas.com reserves the right of changing the timetable agreed for deliveries or collections, depending on the organizational needs of the transport.

The digital signature of the receiver and its reproduction shall be sufficient proof of delivery and the User and its representatives agree that this signature has an identical value to that of a traditional signature on paper.

Sinmaletas.com may suspend the service and not delivering the shipment to the receiver because of the unpaid service. It must be paid as creating the order and before carrying out the service.

9.1 Delivery time

Sinmaletas.com will act with due diligence to deliver the goods in accordance with the standard terms and time of delivery, but these are not guaranteed and are not a part of the contract.

Sinmaletas.com is not responsible for the anticipation or delay at delivery dates, if it is caused by operational problems of the transport company, weather conditions, road blockades, strikes or customs paperwork, or any unexpected event, etc.

9.2 Customs Clearance

In the case that a package requires customs clearance, it is the User responsibility to provide complete and accurate documentation for this purpose.

However, Sinmaletas.com provides as much information as possible about the requirements and documentation necessary to carry on customs clearance. The needed documents must be provided with the correct information by the user at least 24 working hours prior the collection date. Otherwise the collection will be postponed.

If the customs clearance of the shipment generates customs expenses, they will be paid by the User.

9.3 Abandoned goods

If Sinmaletas.com is unable (within 3 months after the first attempt of deliver) to obtain the User’s instruction on its disposition, Sinmaletas.com shall be entitled to destroy or sell the shipment at its absolute discretion.

If there is no value declaration, Sinmaletas.com shall alienate the goods and sale them, whose amounts of proceeds shall first be applied to any charges, costs or expenses of the shipment or otherwise from the user concerned.

If the product of such sale is negligible, Sinmaletas.com is able to destroy it and claim to the User any expenses for the transport and the storage. For such purposes, Sinmaletas.com (or the transportation company) has the right to examine the packages whose transportation is under its responsibility.

The User’s withdrawal of the shipment, will not damage Sinmaletas.com. In the cases of inspection, alienation and destruction of the shipment, Sinmaletas.com will be free of any claims made by third parties who hold any right over the goods.

In all the cases contemplated in this article, the goods are subject to the obligations and expenses resulting from these operations and the transportation contract.

10º. INSPECTION

Sinmaletas.com or the transportation company that will ship the luggage, reserves the right to open and inspect a shipment without prior notice in those situations stablished by law. In compliance of the National program of Civil Aviation Security, the User accepts that the shipment may be inspected, detained or other additional measures.

11º. TRANSPORT REFUSAL OR SUSPENSION.

In case of non-compliance of this Terms and Conditions by the User or its representatives, Sinmaletas.com reserves the right of refusing to transport the goods, or suspend the shipment even if it has already started.

12º. MODIFICATIONS

Any modifications done 24 working hours prior the collection date and if the labels have not been created, there will be no extra charges. However, any modifications claimed out of these requirements will have an extra charge of 10€ for this process, prior notice to the User.

13º. SERVICE CANCELLATION

The User can request the service cancellation at any time. If Sinmaletas.com has not made any process of the order, the User will be refunded the total amount of the order, except of the charges which would come up because of the refund.

However, and if the order has been processed, Sinmaletas.com has the right to estimate the amount that would be refunded. Likewise, if the User has contracted an additional insurance and the cancellation is claimed the same day or later to the collection, Sinmaletas.com has the right to not reimburse the insurance’s value.

14º. LIABILITY AND COVERAGE

Sinmaletas.com responsibility for damage, theft, loss or damage suffered by goods transported is regulated by the limits set in the L.O.T.T. and other applicable laws:

Claims are limited to one per shipment and it will be considered final settlement for all losses and damages incurred on that shipment.

Claims are managed during a 15 working days period (saturdays not included), since the date when the complaint is submitted to the transport company. For cases in which any additional documentation is required, the 15 working days period will begin the day in which the User provides the necessary documents.

14.1 DELAY

Sinmaletas.com is not responsible for the anticipation or delay at delivery dates, if it is caused by operational problems of the transport company, weather conditions, road blockades, strikes or customs paperwork, or any unexpected event, etc.

Sinmaletas.com will compensate up to 120 €/shipment maximum since the third working day of delay according to the scheduled delivery date. This amount will cover basic necessities attaching its purchase receipts.

14.2 DAMAGES AND LOSS

When damages or loss is not perceptible outwardly, the period for claiming any loss or damages is of 7 working days (saturdays not included) since the delivery to the receiver. However, if the damages are visible, the receiver must specify it at the delivery receipt.

If the damages have been suffered on a boxes shipment, Sinmaletas.com will only take into account the boxes’ content. For shipments of other articles (snowboard, skis, surfboard) it is necessary the purchase receipt and/or a quotation of the repair.

If the goods are not correctly packed, Sinmaletas.com will not reimburse the total value of the goods sent. In those cases, the compensation will be the amount decided by the transportation company’s insurer.

As an alternative way of compensation, Sinmaletas.com reserves the right to repair suitcases which may have been partially damaged during the transport. In the event that the luggage is totally damaged and completely useless, Sinmaletas.com reserves the right to refund the customer with a new product (as similar as possible to the damaged suitcase) and send it without any charge (Spain only). In both cases, the User could not claim any additional compensation for the damages.

For any of the previous cases, it will be essential that the User send us photos of the suitcase or damaged object, together with the brand, model, size and purchase ticket of the mentioned article.

The User will be compensated for loss, breakage or total or partial damage as established by the Organic Law of Land Transport of goods, and the CMR Agreement or by the national and international air regulations.

14.2.1 Damages

If the damages have been suffered on a boxes shipment, Sinmaletas.com will only take into account the boxes’ content. For shipments of other articles (snowboard, skis, surfboard) it is necessary the purchase receipt and/or a quotation of the repair.

If the goods are not correctly packed, Sinmaletas.com will not reimburse the total value of the goods sent. In those cases, the compensation will be the amount decided by the transportation company’s insurer.

As an alternative way of compensation, Sinmaletas.com reserves the right to repair suitcases which may have been partially damaged during the transport. In the event that the luggage is totally damaged and completely useless, Sinmaletas.com reserves the right to refund the customer with a new product (as similar as possible to the damaged suitcase) and send it without any charge (Spain only). In both cases, the User could not claim any additional compensation for the damages.

In any of the stated cases, it will be essential that the User provides pictures from the damaged items, as well as information about the model, size, basic characteristics, purchase receipt, etc.

14.2.2 Loss​

In case of the impossibility to submit any of the required documents or contract any insurance, the User will be compensated for loss, breakage or damage (partial or total) as determined by the L.O.T.T. (Road Transport Management Act), the CMR convention or the National Air and international regulations.
The CMR convention compensation limits are up to 8.33 SDR per kilo of the goods lost or damaged. SDR (Special Drawing Rights) is the value of several international organizations including the International Monetary Fund, it includes several currencies as the Euro, US dollar, Japanese yen or sterling pound. By January the 1st 2018, its value against the euro is 1 SDR = 1.25 €, and it usually varies between 1,1 – 1,3 €. The compensation’s limit of the international shipping by road is from 9 to 11 €/kg.

15º. COMPLAINTS

Sinmaletas.com will process any complaint with only one interlocutor which will be the User, who hired the service. If for any reason the User is disabled in that moment, any claim will be processed with another person previously authorized by the User and whose name may be notified to Sinmaletas.com by e-mail.

Sinmaletas.com reserves the right to request any material to prove the perfect conditions of the good before being sent. It is necessary that the User provides all the documents and materials requested by Sinmaletas.com in a period no longer than 20 days (saturdays not included) since the request. Otherwise the complaint will be closed automatically.
In case of hiring an additional insurance, Sinmaletas.com will not take responsibility for paying the pertinent compensation. INTERMUNDIAL (insurance company) will be responsible for indemnifying the User.

16º. LAW AND JURISDICTION

The transport service hired will be subject to the Law 15/2099 about Land transport service. It will be applicable all existing legal provisions regulations and other and laws issued by the Ministry of Development at all times. For any legal questions arising in the application or interpretation of these terms, both sides will submit to the Transport Consumer Arbitration Board in the user's residence expressly waiving any other jurisdiction that may be entitled to them.